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Jurisprudence Constante
Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning and analogy, legal systems, legal institutions, and the proper application of law, the economic analysis of law and the role of law in society. Modern jurisprudence began in the 18th century and it was based on the first principles of natural law, civil law, and the law of nations. General jurisprudence can be divided into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems internal to law and legal systems and problems of law as a social institution that relates to the larger political and social context in which it exists.Shi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daoism
Taoism (, ) or Daoism () refers to either a school of philosophical thought (道家; ''daojia'') or to a religion (道教; ''daojiao''), both of which share ideas and concepts of Chinese origin and emphasize living in harmony with the ''Tao'' (, 'Thoroughfare'); the ''Tao'' is generally defined as the source of everything and the ultimate principle underlying reality. The ''Tao Te Ching'', a book containing teachings attributed to Laozi (), together with the later writings of Zhuangzi, are both widely considered the keystone works of Taoism. Taoism teaches about the various disciplines for achieving perfection through self-cultivation. This can be done through the use of Taoist techniques and by becoming one with the unplanned rhythms of the all, called "the way" or "Tao". Taoist ethics vary depending on the particular school, but in general tend to emphasize ''wu wei'' (action without intention), naturalness, simplicity, spontaneity and the Three Treasures: , compassion, , ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Finnis
John Mitchell Finnis, , (born 28 July 1940) is an Australian legal philosopher, jurist and scholar specializing in jurisprudence and the philosophy of law. He is the Biolchini Family Professor of Law, emeritus, at Notre Dame Law School and a Permanent Senior Distinguished Research Fellow at Notre Dame's de Nicola Center for Ethics and Culture. He was Professor of Law & Legal Philosophy at the University of Oxford from 1989 to 2010, where he is now professor emeritus. He acted as a constitutional adviser to successive Australian Commonwealth governments in constitutional matters and bilateral relations with the United Kingdom. His academic focus is in the areas of jurisprudence, political theory, and constitutional law, while his practice at the English Bar saw him in cases at the High Court and at the Court of Appeal. He is a member of Gray's Inn. He was appointed an honorary Queen's Counsel in 2017. In 2019 he was appointed a Companion of the Order of Australia (AC), Au ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lex Iniusta Non Est Lex
An unjust law is no law at all, in Latin ''lex iniusta non est lex'', is an expression of natural law, acknowledging that authority is not legitimate unless it is good and right. It has become a standard legal maxim around the world. History Throughout history, philosophical and religious writers have often objected to unjust laws. For example, in Isaiah 10: In the fourth century AD, Augustine of Hippo said "for I think a law that is not just, is not actually a law" ("''nam mihi lex esse non videtur, quae justa non fuerit''"). He wrote this when discussing why evil exists. His conclusion was that it's ultimately a problem caused by people departing from good or just behavior. Should laws be obeyed? Yes, but only if they are just. Thomas Aquinas exhaustively examines the legitimacy of man-made laws and whether they should be obeyed, in Summa Theologica. He asks "do man-made laws have to be obeyed?" His answer is no; a law only need to be obeyed if it is legitimate in three wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corpus Juris Civilis
The ''Corpus Juris'' (or ''Iuris'') ''Civilis'' ("Body of Civil Law") is the modern name for a collection of fundamental works in jurisprudence, issued from 529 to 534 by order of Justinian I, Byzantine Emperor. It is also sometimes referred to metonymically after one of its parts, the Code of Justinian. The work as planned had three parts: the ''Code'' (''Codex'') is a compilation, by selection and extraction, of imperial enactments to date; the '' Digest'' or ''Pandects'' (the Latin title contains both ''Digesta'' and ''Pandectae'') is an encyclopedia composed of mostly brief extracts from the writings of Roman jurists; and the ''Institutes'' (''Institutiones'') is a student textbook, mainly introducing the ''Code'', although it has important conceptual elements that are less developed in the ''Code'' or the ''Digest''. All three parts, even the textbook, were given force of law. They were intended to be, together, the sole source of law; reference to any other source, inclu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justinian I
Justinian I (; la, Iustinianus, ; grc-gre, Ἰουστινιανός ; 48214 November 565), also known as Justinian the Great, was the Byzantine emperor from 527 to 565. His reign is marked by the ambitious but only partly realized ''renovatio imperii'', or "restoration of the Empire". This ambition was expressed by the partial recovery of the territories of the defunct Western Roman Empire. His general, Belisarius, swiftly conquered the Vandal Kingdom in North Africa. Subsequently, Belisarius, Narses, and other generals conquered the Ostrogothic kingdom, restoring Dalmatia, Sicily, Italy, and Rome to the empire after more than half a century of rule by the Ostrogoths. The praetorian prefect Liberius reclaimed the south of the Iberian peninsula, establishing the province of Spania. These campaigns re-established Roman control over the western Mediterranean, increasing the Empire's annual revenue by over a million ''solidi''. During his reign, Justinian also subdued the ''Tz ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Eastern Roman Empire
The Byzantine Empire, also referred to as the Eastern Roman Empire or Byzantium, was the continuation of the Roman Empire primarily in its eastern provinces during Late Antiquity and the Middle Ages, when its capital city was Constantinople. It survived the fragmentation and fall of the Western Roman Empire in the 5th century AD and continued to exist for an additional thousand years until the fall of Constantinople to the Ottoman Empire in 1453. During most of its existence, the empire remained the most powerful economic, cultural, and military force in Europe. The terms "Byzantine Empire" and "Eastern Roman Empire" were coined after the end of the realm; its citizens continued to refer to their empire as the Roman Empire, and to themselves as Romans—a term which Greeks continued to use for themselves into Ottoman times. Although the Roman state continued and its traditions were maintained, modern historians prefer to differentiate the Byzantine Empire from Ancient Rome a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sabinians
The Sabinian school was one of the two important schools of Law in Rome during the 1st and 2nd centuries CE. The Sabinians took their name from Masurius Sabinus but later were known as ''Cassians'' after Sabinus' student, Cassius Longinus. Sabinian views were based on the teachings of Gaius Ateius Capito, Sabinus' instructor and an adherent of conservatism in the reign of Augustus (27 BCE–14 CE). Among the few characteristics discernible in the attitude of the Sabinians was a legal conservatism reflecting their founder. In opposition to the Sabinians was the Proculeian school. A rivalry between the schools lasted well into the 2nd century, when they were united. The most famous head of the Sabinians was Salvius Julianus who succeeded Javolenus Priscus as head of the school.Tony Honoré Anthony Maurice Honoré, (30 March 1921 – 26 February 2019) was a British lawyer and jurist, known for his work on ownership, causation and Roman law.John Gardne''Tony Honoré as Teacher ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roman Empire
The Roman Empire ( la, Imperium Romanum ; grc-gre, Βασιλεία τῶν Ῥωμαίων, Basileía tôn Rhōmaíōn) was the post-Republican period of ancient Rome. As a polity, it included large territorial holdings around the Mediterranean Sea in Europe, North Africa, and Western Asia, and was ruled by emperors. From the accession of Caesar Augustus as the first Roman emperor to the military anarchy of the 3rd century, it was a Principate with Italia as the metropole of its provinces and the city of Rome as its sole capital. The Empire was later ruled by multiple emperors who shared control over the Western Roman Empire and the Eastern Roman Empire. The city of Rome remained the nominal capital of both parts until AD 476 when the imperial insignia were sent to Constantinople following the capture of the Western capital of Ravenna by the Germanic barbarians. The adoption of Christianity as the state church of the Roman Empire in AD 380 and the fall of the Western ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oral Law
An oral law is a code of conduct in use in a given culture, religion or community application, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is orally transmitted. Many cultures have an oral law, while most contemporary legal systems have a formal written organisation. The oral tradition (from the Latin ''tradere'' = to transmit) is the typical instrument of transmission of the oral codes or, in a more general sense, is the complex of what a culture transmits of itself among the generations, "from father to son". This kind of transmission can be due to lack of other means, such as in illiterate or criminal societies, or can be expressly required by the same law. There has been a continuous debate over oral versus written transmission, with the focus on the perceived higher reliability of written evidence, primarily based on the "linear world of academia" where only written down records are accepted. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mos Maiorum
The ''mos maiorum'' (; "ancestral custom" or "way of the ancestors," plural ''mores'', cf. English "mores"; ''maiorum'' is the genitive plural of "greater" or "elder") is the unwritten code from which the ancient Romans derived their social norms. It is the core concept of Roman traditionalism, distinguished from but in dynamic complement to written law. The ''mos maiorum'' was collectively the time-honoured principles, behavioural models, and social practices that affected private, political, and military life in ancient Rome. Family and society The Roman family (the '' familia'', better translated as "household" than "family") was hierarchical, as was Roman society. These hierarchies were traditional and self-perpetuating, that is, they supported and were supported by the ''mos maiorum''. The ''pater familias'', or head of household, held absolute authority over his ''familia'', which was both an autonomous unit within society and a model for the social order, but he was expecte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ancient Rome
In modern historiography, ancient Rome refers to Roman civilisation from the founding of the city of Rome in the 8th century BC to the collapse of the Western Roman Empire in the 5th century AD. It encompasses the Roman Kingdom (753–509 BC), Roman Republic (509–27 BC) and Roman Empire (27 BC–476 AD) until the fall of the western empire. Ancient Rome began as an Italic settlement, traditionally dated to 753 BC, beside the River Tiber in the Italian Peninsula. The settlement grew into the city and polity of Rome, and came to control its neighbours through a combination of treaties and military strength. It eventually dominated the Italian Peninsula, assimilated the Greek culture of southern Italy ( Magna Grecia) and the Etruscan culture and acquired an Empire that took in much of Europe and the lands and peoples surrounding the Mediterranean Sea. It was among the largest empires in the ancient world, with an estimated 50 to 90 million inhabitants, roughly 20% of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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